What is Gross Indecency?

Gross indecency is a serious criminal charge, and a conviction carries severe consequences. Whether you were charged or you are supporting someone facing these charges, an experienced sex crimes defense attorney can help you understand the criminal charges, protect your rights, and help you evaluate your options.

Elmen Legal is located in Ann Arbor and represents people charged with sex crimes throughout Michigan. Contact Elmen Legal today to schedule a free, confidential, and no-obligation appointment to discuss your situation and how sex crimes defense attorney Robert Elmen can help.

Understanding Criminal Charges for Gross Indecency in Michigan

Gross indecency is a serious sex crime that involves (1) two or more people engaging in sexual activity in a public location, or (2) a sex act involving a minor.

Committing a Sex Act in Public

The crime of gross indecency for committing a sex act in public occurs when a person engages in a “sex act” such as fellatio, cunnilingus, masturbation, sexual penetration, or touching of the private parts in a public place. An act is considered grossly indecent when it is clear that the nature of the act is sexual in nature, meaning a person derives sexual pleasure from the activity.

To constitute gross indecency, the act must occur in a public place. Here, a “public place” refers to a place where the public is generally invited or allowed to be, or where the public could be exposed to the act or view the act being performed. Common examples of public places include public bathrooms, public parks, or vehicles that are parked outside in view of the public. Even a sexual act that occurs in a private home in front of a window could result in criminal charges for gross indecency.

An individual could be charged with gross indecency even if no one actually saw the alleged sex act. The law only requires that someone could have seen it.

Sexual Activities with Minors

Sexual activity involving a minor is also a violation of Michigan’s gross indecency law, even if the sex act occurred in private. The crime also extends beyond traditional sexual activities. For example, inducing a minor to engage in an activity designed to provide an adult with sexual pleasure, even if it does not involve sexual contact, could be an act of gross indecency. Masturbating in front of a minor or inducing a minor to perform sex acts are other examples of gross indecency.

Michigan’s Three Gross Indecency Statutes

Michigan law recognizes three categories of gross indecency for committing a sex act in public.

Gross Indecency Between Male Persons

It is a criminal offense for a male person to, in public or private, commit or be a party to the commission, procurement, or an attempt to procure a male person to commit an act of gross indecency with another male person.

Gross Indecency Between Female Persons

It is a criminal offense for a female person to, in public or private, commit or be a party to the commission, procurement, or an attempt to procure a female person to commit an act of gross indecency with another female person.

Gross Indecency Between Male and Female Persons

It is a criminal offense for a male person to, in public or private, commit or be a party to the commission, procurement, or an attempt to procure a male person to commit an act of gross indecency with a female person. Likewise, a female person who, in public or private, commits or is a party to the commission, procurement, or an attempt to procure an act of gross indecency between a male person and a female person is guilty of gross indecency.

Penalties for Gross Indecency in Michigan

Gross indecency is a felony, punishable by up to five years in prison and a fine of up to $2,500.

Someone convicted of gross indecency for activities involving a minor will need to register as a sex offender.

A conviction for gross indecency not involving a minor does not require sex offender registration.

Defending Against Charges of Gross Indecency

Sex crimes are a serious criminal charge that should not be taken lightly. Robert Elmen is an experienced sex crime attorney who can evaluate your situation and provide a vigorous defense.

Common defenses to charges of gross indecency include:

• The act was not public. Depending on where the alleged sexual activity occurred, a skilled defense attorney could argue that the sexual activity did not occur in public. For example, if there was no chance that the public could be exposed to the act or view the act being performed, no crime occurred.
• The act was not sexual. Passionately “making out” is not sex. If you were arrested for engaging in an act that is not sex, a sex crimes defense attorney can defend against the charges by showing the activity was not sexual in nature.

Elmen Legal Provides Vigorous Defense Against Charges for Sex Crimes

As with any criminal charge, you are presumed innocent until the prosecution proves each and every element of the crime beyond a reasonable doubt. Sex crimes defense attorney Robert Elmen will fight to protect your rights, your freedom, and your reputation.